I examine how co-parents should handle differing commitments about how to raise their child. Via thought experiment and the examination of our practices and affective reactions, I argue for a thesis about the locus of parental authority: that parental authority is invested in full in each individual parent, meaning that that the command of one parent is sufficient to bind the child to act in obedience. If this full-authority thesis is true, then for co-parents to command different things would be (...) for them to contest one another’s authority. The only course that respects the authority of both parents is for co-parents to agree to command the same thing. Further, what is commanded must not result from a ‘capitulation’ by one co-parent, rather, it should result from a compromise. Parental authority involves a duty to deliberate about which commands it is best to give the child. If a command results from a capitulation, one parent will rightly think of themselves as not having fulfilled their parental duty. Parental compromises are not best understood as bargains or conflicts, but by the metaphor of gifts given by each parent out of respect for the other’s authority. (shrink)

The paper offers an account of co-parenthood according to which co-parents are parent and child to one another. The paper begins by reviewing extant theories of the value of being a parent, to see whether the value of co-parenthood is reducible to this. Finding that it is not, I briefly elaborate a theory of parenthood on which parents are those who create persons. Using Aristotle’s four causes as a helpful prism, I outline how parents are the cause of their child, (...) and how in causing a child together co-parents become parent and child to one another. For instance, since parents create children by offering themselves as models to be copied, co-parents should enjoy the best type of friendship with one another, each treating the other’s flourishing as a human person as their end. I suggest that co-parenthood contains parenthood virtually, that the co-parents’ love of their child is a manifestation of their love for one another, that the teleological fulfilled state of the friendship between parent and child exists in the friendship of co-parents. (shrink)

Most people desire to have a romantic relationship, and most people desire to have a child. The paper suggests one respect in which it is more desirable to have a child with a romantic partner rather than with someone other than a romantic partner, as platonic parents do. The first premise claims that the romantic relationship, and only this relationship, has a certain desire as a constitutive part. This is the desire to be as related to someone as one can (...) be. That this ‘desire for relatedness’ is a constitutive part of the romantic relationship explains why those related by a romantic relationship tend to become related in other ways and explains why romantic partners tend to desire to have relationships with those to whom their romantic partner is otherwise related. The second premise is that by having a child together romantic partners become related in an important and unique way, satisfying their desire for relatedness. Since platonic parents do not have the desire for relatedness toward one another they do not satisfy such a desire in having a child together. A brief review of the sociological literature on platonic parenting is included and eight objections are answered. (shrink)

Co-parents who differ in their ideal child rearing policies should compromise, argues Marcus William Hunt. Josh Milburn and Carlo Alvaro dispute this when it comes to veganism. Milburn argues that veganism is a matter of justice and that to compromise over justice is (typically) impermissible. I suggest that compromise over justice is often permissible, and that compromise over justice may be required by justice itself. Alvaro offers aesthetic, gustatory, and virtue-based arguments for ethical veganism, showing that veganism (...) involves sensibilities and virtues, and argues that veganism involves a belief. Alvaro takes this to show that parental compromise is impermissible. I suggest that Alvaro’s arguments are implausible and that the shaping of a child’s sensibilities and virtues is an apt matter for parental compromise. (shrink)

I claim that there is pro tanto moral reason for parents to not raise their child on a vegan diet because a vegan diet bears a risk of harm to both the physical and the social well-being of children. After giving the empirical evidence from nutrition science and sociology that supports this claim, I turn to the question of how vegan parents should take this moral reason into account. Since many different moral frameworks have been used to argue for veganism, (...) this is a complex question. I suggest that, on some of these moral frameworks, the moral reason that some parents have for not raising their child on a vegan diet on account of this risk is plausibly as strong as the reason they have for raising their child on a vegan diet. In other words, the moral reason I outline is weighty enough to justify some vegan parents in plausibly finding it permissible to not raise their child on a vegan diet. (shrink)

This paper offers a theory of filial piety on which piety is the ethical virtue that responds to the action of person-creating. Piety is the virtue of a creature qua creature. I begin by identifying the action of person-creating as the action of a parent. I then offer some points from the philosophy of action to delineate the action of person-creating. Next, I explain the metaphysical states that this action gives rise to and their value. Parent and child fall in (...) the category of relatives, discussed by Aristotle in his Categories. More specifically, Aristotle says that parent and child are relatives as creator and created. Agreeing with but going beyond Aristotle, I show how parent and child are creator and created as paradigm and image. A pious child is one who images their paradigm well. A child does this by participating in and perfecting the person-creating action of their parent, that is, by being a good person. I argue for the theory’s acceptance on the grounds that it better explains common intuitive judgments about filial piety than do the gratitude theory and the special goods theory (the two most influential and plausible competing theories of filial piety in the philosophical literature). (shrink)

The paper argues that ‘All varieties of gratitude are only overall fitting when targeted towards agents,’ for instance that any variety of gratitude for the beautiful sunset is only overall fitting if a supernatural agent such as God exists. The first premise is that ‘Prepositional gratitude is overall fitting only when targeted towards agents.’ For this premise, intuitive judgments are offered. The second premise is that ‘Prepositional gratitude is the paradigmatic variety of gratitude.’ For this premise, an aspect of the (...) common consent of philosophers about gratitude is noted and the metaphysical basicness of prepositional gratitude is argued for. This gives the intermediate conclusion that ‘The paradigmatic variety of gratitude is overall fitting only when targeted towards agents.’ The fourth premise is that ‘If the paradigmatic variety of gratitude is overall fitting only when targeted towards agents, then all varieties of gratitude are overall fitting only when targeted towards agents.’ To supply the conditional of this premise, the Paradigmatic Fittingness Principle is offered, which states that ‘Paradigmatic emotions set the fittingness conditions for their non-paradigmatic varieties.’ This principle is argued for by noting that it vindicates some popular and plausible intuitive judgements and gives an error theory of why one might think that gratitude could be fittingly targeted towards non-agents, and by suggesting the absence of any other plausible source of fittingness conditions for non-paradigmatic emotions. (shrink)

Siblings ought to treat one another specially – in other words, siblings qua siblings ought to treat one another in ways that they need not treat others. This paper offers a theory of why this is the case. The paper begins with some intuitive judgments about how siblings ought to treat one another and some other normative features of siblinghood. I then review three potential theories of why siblings ought to treat one another specially, adapted from the literature on filial (...) piety: the gratitude theory, the friendship theory, and the special goods theory. In each case, these theories fail to explain some of the intuitive judgments about how siblings ought to treat one another. The paper then proposes a familial belonging theory. The institution of the family has certain goals, which impose normative demands on family members. I suggest that one such family goal is that every member feel familial belonging towards every other member, a goal which grounds the ways in which siblings ought to treat one another specially. (shrink)

The article argues that procreation is intrinsically valuable because it produces persons. The essential thought of the argument is that among the valuable things in the world are not only products, but the actions by which they are produced. The first premise is that persons have great value, for which a common consent argument is offered. The second premise is that, as an action type, procreation has persons as a product. Procreation is always a part of the action that produces (...) a person. This is because procreators take as their goal the creation of an organism that itself has development into a person as a goal. Such a claim also helps explain the moral obligations of procreators, the affective lives of procreators and the common preference for procreation. The third premise is that if an action type has a product of value, then all its tokens have intrinsic value. I argue that even when such actions fail to produce anything outside the agent, they are intrinsically valuable because of how they actualise the powers and virtues of the agent, in part achieving the agent’s goal. I then apply that argument to the case of procreation and person producing. (shrink)

Review of Hans Van Eyghen, The Epistemology of Spirit Beliefs. New York: Routledge, ISBN 9781032249988, hbk, 168pp.

This paper argues that it cannot be fitting to blame God. I show that divine immutability, even on a weak conception, implies that God's ethical character cannot change. I then argue that blame aims at a change in the ethical character of the one blamed. This claim is directly intuitive, explains a wide set of intuitions about when blame is unfitting, and is implied by most of the theories blame offered in the philosophical literature. Since blame targeted at God aims (...) to change God's ethical character, an impossibility, such blame is not fitting. I then draw on this conclusion to sketch a new theodicy. I argue that a necessary condition on being blameworthy is that one can be blamed under some possible condition. So, God cannot be blameworthy. Further, I argue that if someone cannot be blameworthy, then they cannot do wrong. Wrong actions tend to make us blameworthy, but since God cannot be blameworthy nothing can tend to make him blameworthy – God cannot do wrong. (shrink)

Siblings ought to treat one another specially – in other words, siblings qua siblings ought to treat one another in ways that they need not treat others. This paper offers a theory of why this is the case. The paper begins with some intuitive judgments about how siblings ought to treat one another and some other normative features of siblinghood. I then review three potential theories of why siblings ought to treat one another specially, adapted from the literature on filial (...) piety: the gratitude theory, the friendship theory, and the special goods theory. In each case, these theories fail to explain some of the intuitive judgments about how siblings ought to treat one another. The paper then proposes a familial belonging theory. The institution of the family has certain goals, which impose normative demands on family members. I suggest that one such family goal is that every member feel familial belonging towards every other member, a goal which grounds the ways in which siblings ought to treat one another specially. (shrink)

Why are teleological arguments based on biological phenomena so popular? My explanation is that teleological properties are presented in our experiences of biological phenomena. I contrast this with the view that the attribution of teleological properties to biological phenomena takes place at an intellective level – via inference, and as belief or similar propositional attitude. I suggest five ways in which the experiential view is the better explanation for the popularity of such teleological arguments. Experiential attributions are more easy, impactful, (...) and implastic. The experiential view accommodates cases of conflicting attributions, and it makes sense of the readiness with which we follow such teleological arguments. I respond to objections and explain how my view builds on existing answers to this question found in the philosophical literature. (shrink)

The paper offers an account of luck, fate, and fortune. It begins by showing that extant accounts of luck are deficient because they do not identify the genus of which luck is a species. That genus of properties, the tychic, alert an agent to occasions on which the external world cooperates with or frustrates their goal-achievement. An agent’s sphere of competence is the set of goals that it is possible for them to reliably achieve. Luck concerns occasions on which there (...) is a mismatch between attempt and result; in bad luck the external world thwarts goal-achievement within the agent’s sphere of competence, in good luck the external world assists goal-achievement beyond the agent’s sphere of competence. Fateful events are those where, more passively, the agent finds the external world achieving or frustrating their goals. Fortune concerns the contraction and expansion of the agent’s sphere of competence. Eight reasons are given for accepting the account; its theoretical virtues and various things it explains. Lastly, three objections are answered; that the tychic properties relate to well-being rather than agency, that there are alternative theories of fortune available in the contemporary literature, that the account draws arbitrary distinctions between synonyms. (shrink)

Cooperative relations steeped in honesty and good faith are a necessity for any viable society. This is especially relevant to the police institution because the police are entrusted to promote justice and security. Despite the necessity of societal honesty and good faith, the police institution has embraced deception, dishonesty, and bad faith as tools of the trade for providing security. In fact, it seems that providing security is impossible without using deception and dishonesty during interrogations, undercover operations, pretextual detentions, and (...) other common scenarios. This presents a paradox related to the erosion of public faith in the police institution and the weakening of the police's legitimacy. -/- The book seeks to solve this puzzle by showing that many of our assumptions about policing and security are unjustified. Specifically, they are unjustified in the way many of our assumptions about security were unjustified after the 9/11 terrorist attacks, when state institutions embraced a variety of brutal rules and tactics in pursuit of perceived security enhancements. The police are likewise unjustified in their pursuit of many supposed security enhancements that rely on proactive deception, dishonesty, and bad faith. -/- There are compelling reasons to think that the police's widespread use of proactive deception and dishonesty is inconsistent with fundamental norms of political morality regarding fraud and the rule of law. Although there are times and places for such tactics in policing, those times and places should be much more limited than current practices suggest. (shrink)

Open theists deny that God knows future contingents. Most open theists justify this denial by adopting the position that there are no future contingent truths to be known. In this paper we examine some of the arguments put forward for this position in two recent articles in this journal, one by Dale Tuggy and one by Alan Rhoda, Gregory Boyd, and Thomas Belt. The arguments concern time, modality, and the semantics of ‘will’ statements. We explain why we find none of (...) these arguments persuasive. This wide road leads only to destruction. (shrink)

The paper offers a three-premise argument that a person with first-hand experience of possession and exorcism, such as an exorcist, can have a justified belief in the existence of demons. (1) “Exorcism involves a process by which the exorcist comes to believe that testimony is offered by a demon.” Cited for (1) are the Gospels, the Roman Ritual, some modern cases of exorcism, and exorcism practices in non-Christian contexts. (2) “If defeaters are absent, the exorcist may treat as reliable the (...) process by which he comes to believe that testimony is offered by a demon.” For (2) a case is offered that we have a reliable ability to identify when testimony is being offered and when it is being offered by particular types of agents, what is termed testifier-identification. (3) “In many cases of exorcism, defeaters are absent.” An inductive case is given for (3) by responding to possible defeaters, including several suggested recently by David Kyle Johnson. Therefore, in many cases of exorcism the exorcist may treat as reliable the processes by which he comes to believe that testimony is offered by a demon, and so can have a justified belief in the existence of demons. (shrink)

The thesis of this paper is that Platonic Forms are angels. I make this identification by claiming that Platonic Forms have the characteristics of angels, in particular, that Platonic Forms are alive. I offer four arguments for this claim. First, it seems that engaging in self-directed action is a sufficient condition for being alive. The Forms are, as teleological activities, self-directed actions. Second, bodies receive their being from their Forms, and some bodies are essentially alive. Third, in the Good, all (...) the types of goodness, including life, are identical. The Forms are appearances of the Good. Fourth, since the Good imparts as much goodness as it can, the Forms are alive unless there is some bar to their being alive. There are good reasons to think that there is no such bar. I then show that ethical vices do not give body to human form, but give body to other forms—those that are evil angels. Lastly, I provide a survey of the relationships that various religious traditions posit between ethical vice and the demonic. (shrink)

The paper investigates whether imaginative states about propositions can be assessed in terms of fittingness (also known as correctness, appropriateness, aptness). After characterizing propositional imaginings and explaining the idea of fittingness, I present some considerations in favour of the no conditions view: imagining seems to be the sort of action that cannot be done unfittingly, and imaginings have no external cognitive nor conative goals in light of which they could be unfitting. I then examine the local conditions view, that there (...) can be fittingness conditions on imaginings, but that these are inherited from the mental projects in which imaginings can play a role. Given that there are virtues of the imagination such as creativity and spontaneity, and given that imaginings are subject to purposive mechanisms, and given that there are cases in which it is unfitting to fail to imagine, I endorse the general conditions view, on which imaginings have a goal, and therefore fittingness conditions, even outside the context of mental projects. I then examine 4 versions of the general conditions view and argue that imaginings aim to make contents available to mental projects. (shrink)

Immanuel Kant mentions fate (Schicksal) in several places. Peter Thielke offers the only sustained interpretation of what Kant meant by fate. According to Thielke, fate is a “usurpatory concept” that takes the place of causality but fails to do its job. There are problems with this interpretation, relative to Kant’s philosophy and to the ordinary concept of fate. It is not clear why we only find a usurpation of causality and not the other concepts of the categories, or how a (...) usurpation of an a priori concept could occur. Thielke’s interpretation does not explain the way in which fate attributions are only made about events that have significance for human action or well-being, or fate’s teleological aspect. I outline the textual evidence that, for Kant, fate usurps providence, a postulate of practical reason, and then show how this interpretation preserves the strengths but avoids the weaknesses of its competitor. (shrink)

The paper begins with a description of a grey seal performing conspecific infanticide. The paper then gives an account of “nobleness” and “brutishness.” Roughly, a behavioural-disposition is noble/brutish if it is one that would be a moral virtue/vice if the possessor of the behavioural-disposition were a moral agent. The paper then advances two pairs of axiological claims. The first pair of claims is that nobleness is good and that brutishness is bad. The second pair of claims is about an axiological (...) interaction between nobleness/brutishness and well-being. That any non-human animal lacks well-being is bad. Yet, it is worse that a noble non-human animal lacks well-being, and not so bad that a brutish non-human animal lacks well-being. Lastly, the paper discusses some potential moral implications of these axiological claims, for instance that factory farming is especially wrong because it causes noble non-human animals to lack well-being. (shrink)

A summary of common arguments for belief in God - teleological, cosmological, ontological, and reformed epistemology.

A popular introduction to common consent arguments for belief in God.

George Bealer provides an account of intuitions as “intellectual seemings.” My purpose in this paper is to criticize the phenomenological considerations that Bealer offers in favor of his account. In the first part I review Bealer’s attempt to distinguish intuitions from beliefs, judgments, guesses, and hunches. I examine each of the three phenomenological differences – incorrigibility, implasticity, and scope – that Bealer adduces between intuitions and these other types of mental contents. I argue that any difference between intuitions and these (...) other types of mental contents with regards to their incorrigibility, implasticity, and scope is unproven and likely to remain unproven. In the second part I criticize Bealer’s analogy between intuitions and sensory seemings by suggesting that intuitions do not display the theoretical virtues—consistency, corroboration, and confirmation—that Bealer claims for them. Moreover, I suggest that intuitions do not display the theoretical virtue that would indicate a similarity to sensory seemings, consilience. (shrink)

To begin to answer the question of whether every moral truth could be known by any one individual, this paper examines David Chalmers’ views on the scrutability of moral truths in Constructing the World. Chalmers deals with the question of the scrutability of moral truths ecumenically, claiming that moral truths are scrutable on all plausible metaethical views. I raise two objections to Chalmers’ approach. The first objection is that he confl ates the claim that moral truths are scrutable from PQTI (...) with the claim that moral truths are scrutable from nonmoral truths. The upshot of this objection is that Chalmers has not in fact shown the scrutability of moral truths from the scrutability base from which he proposed to do so, PQTI. The second objection concerns his handling of moral sensibility theory, which fails to take into account certain features of the emotions—features which generate what I term synchronic and diachronic emotional co-instantiation problems. The upshot of this objection is that we have good reason to deny that any one individual could ascertain all moral truths, if moral sensibility theory is true, no matter how idealized the emoter. (shrink)

This paper offers fictionalism as a new approach to the problem of reasonable disagreement discussed in social epistemology. The conciliationist approach to reasonable disagreement is defined, and three problems with it are posed: that it is destructive of inquiry, self-defeating, and unacceptably revisionary. Hans Vaihinger’s account of fictions is explained, and it is shown that if the intellectual commitments that are the subject of reasonable disagreements are treated as fictions rather than as beliefs, the three noted problems are avoided. Whereas (...) beliefs have a “rivalrous” relation to the source of their justification (evidence), fictions have a non-rivalrous relation to the source of their justification (expediency), meaning that disagreement over which fictions to employ is not problematic in the way that disagreement over what to believe is. Some objections to the fictionalist approach to reasonable disagreement are answered. (shrink)

Automated reasoning about uncertain knowledge has many applications. One difficulty when developing such systems is the lack of a completely satisfactory integration of logic and probability. We address this problem directly. Expressive languages like higher-order logic are ideally suited for representing and reasoning about structured knowledge. Uncertain knowledge can be modeled by using graded probabilities rather than binary truth-values. The main technical problem studied in this paper is the following: Given a set of sentences, each having some probability of being (...) true, what probability should be ascribed to other (query) sentences? A natural wish-list, among others, is that the probability distribution (i) is consistent with the knowledge base, (ii) allows for a consistent inference procedure and in particular (iii) reduces to deductive logic in the limit of probabilities being 0 and 1, (iv) allows (Bayesian) inductive reasoning and (v) learning in the limit and in particular (vi) allows confirmation of universally quantified hypotheses/sentences. We translate this wish-list into technical requirements for a prior probability and show that probabilities satisfying all our criteria exist. We also give explicit constructions and several general characterizations of probabilities that satisfy some or all of the criteria and various (counter) examples. We also derive necessary and sufficient conditions for extending beliefs about finitely many sentences to suitable probabilities over all sentences, and in particular least dogmatic or least biased ones. We conclude with a brief outlook on how the developed theory might be used and approximated in autonomous reasoning agents. Our theory is a step towards a globally consistent and empirically satisfactory unification of probability and logic. (shrink)

The Repugnant Conclusion served an important purpose in catalyzing and inspiring the pioneering stage of population ethics research. We believe, however, that the Repugnant Conclusion now receives too much focus. Avoiding the Repugnant Conclusion should no longer be the central goal driving population ethics research, despite its importance to the fundamental accomplishments of the existing literature.

Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy is (...) derived by adhering to (limited) authority. This article examines methodologies within political philosophy for analyzing police injustice. The methodological inquiry leads to an account of how justice constrains the police through both special (or positional) moral requirements that officers assume voluntarily, as well as general moral requirements in virtue of a polity’s commitment to moral, political and legal values beyond law enforcement and crime reduction. The upshot is a conception of a police role that is constrained by justice from multiple foundational stances. (shrink)

There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...) the rule of law seems expendable—began many years after 9/11 and continues to this day. One way to describe this book is an examination of the moral limits on modern police practices that flow from the basic legal and political tenets of the liberal tradition. The central argument is that policing in liberal states is constrained by a liberal conception of persons coupled with particular rule of law principles. Part I consists of three chapters that constitute the book’s theoretical foundation, including an overview of the police’s law enforcement role in the liberal polity and a methodology for evaluating that role. Part II consists of three chapters that address applications of the theory, including the police’s use of informants, deceptive operations, and surveillance. The upshot is that policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. The book provides an account of what it might mean to retrieve policing that is consistent with the basic tenets of liberalism and the limits imposed by those tenets. [This is an uncorrected draft of the book's preface and introduction, forthcoming from Oxford University Press.]. (shrink)

The use of deception and dishonesty is widely accepted as a fact of life in policing. This paper thus defends a counterintuitive claim: Good faith is a normative foundation for the police as a political institution. Good faith is a core value of contracts, and policing is contractual in nature both broadly (as a matter of social contract theory) and narrowly (in regard to concrete encounters between law enforcement officers and the public). Given the centrality of good faith to policing, (...) dishonesty and deception on par with fraud are justified only as a narrowly circumscribed investigative tool that is constrained by institutional commitments to the fair distribution of security and the rule of law. The practical upshot is the preclusion of most dishonest and deceptive police tactics on par with fraud, leading to an institution that is less proactive and more reactive. (shrink)

This chapter offers an overview and analysis of policing, the area of criminal justice associated primarily with law enforcement. The study of policing spans a variety of disciplines, including criminology, law, philosophy, politics, and psychology, among other fields. Although research on policing is broad in scope, it has become an especially notable area of study in contemporary legal and social philosophy given recent police controversies.

Interpreting the content of the law is not limited to what a relevant lawmaker utters. This paper examines the extent to which implied and implicit content is part of the law, and specifically whether the Gricean concept of conversational implicature is relevant in determining the content of law. Recent work has focused on how this question relates to acts of legislation. This paper extends the analysis to case law and departs from the literature on several key issues. The paper's argument (...) is based upon two points: Precedent-setting judicial opinions may consist of multiple conversations, of which some entail opposing implicata, and if a particular precedent-setting judicial opinion consists of multiple conversations, of which some entail opposing implicata, then no meaningful conversational implicatum is part of the content of that particular precedent-setting opinion. Nevertheless, the paper's conclusion leaves open the prospect of gleaning something in between conversational implicature and what is literally said, namely, conversational impliciture. (shrink)

This paper explores what the epistemic account of vagueness means for theories of legal interpretation. The thesis of epistemicism is that vague statements are true or false even though it is impossible to know which. I argue that if epistemicism is accepted within the domain of the law, then the following three conditions must be satisfied: Interpretative reasoning within the law must adhere to the principle of bivalence and the law of excluded middle, interpretative reasoning within the law must construe (...) vague statements as an epistemic phenomenon, and epistemicism must be expanded to include normative considerations in order to account for legal theories that are consistent with the first two conditions. The first two conditions are internal to a particular theory of legal interpretation, while the third condition is external to a particular theory of legal interpretation. My conclusion shows that there are legal theories that are internally consistent with the fundamental features of epistemicism. However, within the domain of law—and specifically in the case of legal theories that are internally consistent with epistemicism—I show that vagueness cannot be explained simply by our ignorance of the meaning and use of vague expressions. Rather, epistemicism must also account for ignorance of the requisite normative considerations in legal theories with which it is otherwise consistent. (shrink)

Essay on police legitimacy through public reason and community policing.

Review of "In the Vale of Tears: On Marxism and Theology, Volume V," Roland Boer.

Plato’s Laws include what H.L.A. Hart called the ‘classical thesis’ about the nature and role of law: the law exists to see that one leads a morally good life. This paper develops Hart’s brief remarks by providing a panorama of the classical thesis in Laws. This is done by considering two themes: (1) the extent to which Laws is paternalistic, and (2) the extent to which Laws is naturalistic. These themes are significant for a number of reasons, including because they (...) show how Laws might be viewed as a sophisticated forerunner of natural law theory. The upshot is that Plato's metaphysical commitments about legal ontology allow him to base the truth of legal propositions on the way they relate to the truth of corresponding moral propositions. (shrink)

Hobbes is known for bridging natural and political philosophy, but less attention has been given to how this distinguishes the Hobbesian conception of the self from individualist strands of liberalism. First, Hobbes’s determinism suggests a conception of the self in which externalities determine the will and what the self is at every moment. Second, there is no stable conception of the self because externalities keep it in a constant state of flux. The metaphysical underpinnings of his project downplay the notion (...) of a purely individualistic conception of the self, pointing to a positivist theory of criminology relying upon external forces. This theory is especially prescient with respect to twentieth-century variants of positivism that focus upon how social organization affects personality. In a sense, then, modern criminological theory is indebted to Hobbes’s focus upon the connections between externalities and the self; a focus that illuminates new ways of viewing responsibility and accountability. (shrink)

Policing in many parts of the world—the United States in particular—has embraced an archetypal model: a conception of the police based on the tenets of individuated archetypes, such as the heroic police “warrior” or “guardian.” Such policing has in part motivated moves to (1) a reallocative model: reallocating societal resources such that the police are no longer needed in society (defunding and abolishing) because reform strategies cannot fix the way societal problems become manifest in (archetypal) policing; and (2) an algorithmic (...) model: subsuming policing into technocratic judgements encoded in algorithms through strategies such as predictive policing (mitigating archetypal bias). This paper begins by considering the normative basis of the relationship between political community and policing. It then examines the justification of reallocative and algorithmic models in light of the relationship between political community and police. Given commitments to the depth and distribution of security—and proscriptions against dehumanizing strategies—the paper concludes that a nonideal-theory priority rule promoting respect for personhood (manifest in community and dignity-promoting policing strategies) is a necessary condition for the justification of the above models. (shrink)

Prima facie, rule-consequentialism as a moral theory would correlate with the concerns of an omnibenevolent being should one exist. Indeed, such a being would be divine, and under the lenses of the three Abrahamic religions, would inter alia, also be omnipotent and omniscient. In this paper, I consider the attitude of such a being to rule-consequentialism in human society. I argue, from a probabilistic perspective, that the evidence of Abrahamic scripture confirms, to a degree, that God would judge rule-consequentialism to (...) be a sound moral theory in different societies. I also consider a similar argument from a secular perspective. (shrink)

There are often public calls to codify moral sentiments after failures to help others, and recent tragedies have renewed interest in one’s legal duty to aid another. This Article examines the moral underpinnings and legitimacy of so-called “Bad Samaritan” laws—laws that criminalize failures to aid others in emergency situations. Part I examines the theoretical backdrop of duties imposed by Bad Samaritan laws, including their relationship with various moral duties to aid. This leads to the analysis in Part II, which examines (...) two related questions that are raised when moving from moral to legal duties: First, on what ground does the state have the authority to dictate that one’s needs should be met in the way specified by a particular legal duty? Second, does a special relationship exist that legitimizes the establishment of such legal duties? (shrink)

Our understanding of folk and scientific psychology often informs the law’s conclusions regarding questions about the voluntariness of a defendant’s action. The field of psychology plays a direct role in the law’s conclusions about a defendant’s guilt, innocence, and term of incarceration. However, physical sciences such as neuroscience increasingly deny the intuitions behind psychology. This paper examines contemporary biases against the autonomy of psychology and responds with considerations that cast doubt upon the legitimacy of those biases. The upshot is that (...) if reasonable doubt is established regarding whether psychology’s role in the law should be displaced, then there is room for future work to be done with respect to the truth of psychology’s conclusions about criminal responsibility. (shrink)

Essay on philosophical problems with police sting operations and the legal doctrine of entrapment.

Short online essay on the state of policing in liberal societies, discussing how executive discretionary power has grown to such a degree that it has trended toward illiberal practices and policies.

This article addresses two issues. First, it critiques a prominent position regarding how affluent states should balance their national interest on the one hand and their duty to aid developing states on the other. Second, it suggests that absent a principled way to balance national interest with international aid, a state’s more immediate concern is to comply with its negative duty to not harm other states. To support this position, the article constructs a conception of harm that may be applied (...) to questions regarding a state’s negative duties, focusing upon the example of the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS). (shrink)

Essay exploring the extent to which certain agreements between the police and informants are an affront (both procedurally and substantively) to basic tenets of the liberal tradition in legal and political philosophy.